The Negligence Act codified the common-law concept of contributory negligence into a statutory provision (T) 1 1 If a business operates in a context of unusual risk and offers an activity to patrons, it may be required to exceed the “normal” or “typical” safety procedures common for that kind of business. (T) Multiple Choice Contributory negligence means that the plaintiff was partially at fault for the harm he suffered Canadian Business Law, 2nd Edition, Instructor’s Guide 0 201 2 Emond Montgomery Publications b. must be proven by the defendant can, if proven, limit the defendant’s liability in tort d. ll of the above Remedies available for torts include prison sentences and damages specific performance and injunctions damages and injunctions restraining orders and restitution Pecuniary losses recoverable in a tort action can include medical expenses the cost of lost work time the loss of future earnings because of a disabling injury ll Of the above Negligence is established only when the plaintiff proves that the defendant could foresee that the plaintiff would purchase the defendant’s goods that the plaintiff or someone like her might be harmed or incur loss as a result Of the defendant’s actions result of the defendant’s actions, and that the full extent of the harm actually suffered by the plaintiff was also reasonably foreseeable A business can attempt to limit its liability in tort by conducting safety tests on products and services and documenting test results maintaining retail and other premises in good repair and conducting regular afety patrols 2 printing warnings on products advising of potential dangers To succeed in a defence based on fair comment, a defendant’s comment must a. be based on a conclusion that is reasonably supported by evidence not be motivated by malice be on a matter of public interest To manage the risk of lawsuits based on the law of nuisance, the best strategy for business owners would be to restrict entry to dangerous areas conduct market research before designing new products comply with all land use laws, such as zoning bylaws, building codes, and environmental laws none of the above
To establish that the defendant committed the tort of interference with economic relations, the plaintiff must prove that the defendant’s business is a direct competitor of her own and that the defendant has gained an economic advantage over the plaintiff by illegal means the defendant intended to harm the plaintiffs business, that the defendant committed an illegal act to do so, and that the plaintiff suffered actual harm as a result the defendant intended to harm the plaintiffs business and that the harm was done with knowledge on the part of principals of the defendant’s corporation he defendant committed an illegal act with the intent to harm the plaintiffs business, whether or not actual harm occurred An indemnification clause is used to @ 201 2 Emond Montgomery Publications 3 prevent suits in nuisance brought by neighbours when a business undertakes a polluting activity require participants to waive their right to sue should they be injured when participating in an activity provided by a business force the employee to assume liability for certain risks associated with his work so that the employer is not exposed to vicarious liability any of the above 10. Who can sue a manufacturer for injuries related to the negligent design of a ski helmet under product liability law? Choose the best answer. he original purchaser only the original purchaser and any second-hand purchaser, as long as the helmet is sold with the original packaging bearing safety warnings any wearer of the helmet, whether or not he purchased it, as long as safety warnings are visible on the helmet any wearer of the helmet Short Answer List five business practices that can help reduce losses from product liability lawsuits. Conduct tests on newly designed products to uncover potential flaws. Conduct regular quality control checks Of products. Encourage retailers to return merchandise that appears damaged or irregular by making this process easy, efficient, and cost-free. Implement a recall program as soon as a defect or potential defect IS discovered in a product.
Document all the above activities. What is the difference between negligence and strict liability? 4 In a negligence case, the plaintiff must prove that the defendant failed to act reasonably, and that this resulted in harm to the plaintiff. In a strict liability case, the burden is on the defendant to prove “due diligence””that the efendant took every reasonable precaution to prevent the harm. 3. Why might a party decide to commence a tort action based on events that also formed the basis of a criminal prosecution? A tort action allows the plaintiff to control the progress of the litigation and provides an opportunity to seek compensation for injuries or losses.
What kinds of factors might prompt a judge or jury to add an award of punitive damages to the regular pecuniary damage award? List at least two factors that you think might be relevant. The defendant acted with flagrant disregard for the plaintiffs safety. The defendant concealed a risk. The defendant deliberately failed to assist an injured plaintiff. The defendant exploited a vulnerability in the plaintiff. The defendant has previously harmed other customers or clients in the same way that he has harmed the plaintiff. The defendant persisted in forcing a case to trial when she should have offered a settlement to minimize the plaintiffs losses.
If a defendant is attempting to argue voluntary assumption of risk as a defence to a tort action, what must the defendant prove? The defendant must prove that she fully explained the risks of her product or ervice to the plaintiff, that the plaintiff understood these risks, and that the plaintiff explicitly waived the risks (typically by signing a waiver). Finally, the defendant must also prove that the actual harm caused was of a kind described by the defendant when seeking the plaintiff’s waiver. Describe an appropriate policy for a business with respect to the handling of trespassers. 5 The property should be clearly signed “no trespassing. The property should be regularly inspected to identify potential hazards to Trespassers should initially be asked to leave voluntarily. Trespassers who do not leave should be detained as provided in the Trespass to Property Act. Employees should be trained to detain trespassers with the minimum force required and to call for police backup immediately. How can a business protect itself from competitors seeking to pass off their merchandise as that of the business? Register trademarks and patents. Monitor the marketplace to detect acts Of passing Off. Prosecute all known instances of passing off under the common law or relevant intellectual property legislation. Explain the “but for” test.